Walter A. Barniskis and Mary Sue Barniskis - Page 3

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          located in Tofte, Minnesota.  Tofte is located on the shore of              
          Lake Superior in Superior National Forest, approximately 250                
          miles northeast of petitioners' residence in New Hope.                      
               Bluefin Bay consists of six buildings, each having a                   
          different layout.  The six buildings contain a total of 54                  
          condominium units.  Petitioners' unit is located in a building              
          which has three floors and consists of 20 condominium units,                
          including 10 one-story units on the first floor and 10 two-story            
          units on the second and third floors.  Petitioners' unit is a               
          two-story unit.  Since there are exterior doors on both floors,             
          the unit may be rented in its entirety or by individual floor by            
          simply unlocking or locking an interior, adjoining door.                    
               Petitioners were members of the Bluefin Bay Condominium                
          Association (BBCA), the common interest owner of Bluefin Bay.               
          BBCA owns all of Bluefin Bay's common property, including an                
          indoor swimming pool, tennis courts, a conference room, a parking           
          area, water and waste treatment facilities, and communication and           
          cable equipment.  BBCA arranged for the Tofte Management Company            
          (TMC) to manage and operate the Bluefin Bay complex.  Prior to              
          1991, BBCA had member committees who would collectively decide              
          the nature and extent of the services to be performed by TMC.               
          Other member committees were responsible for establishing minimum           
          standards for the individual units.  In response to increasing              
          difficulties in making decisions through the committee process,             

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Last modified: May 25, 2011